Texas Attorney General Opinion: O-7388 Page: 4 of 5
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91
Eon. Jlton C. Arnold, lags 4
)8. The Julsdiotton of ooamissiooerls' ourts
is limited to stletly 'Oounty busiess' and thbe egis-
lature has no authority to enlarge ts eir powers or
urledietton. Any atLtept to coaftr apon the eourt
urlsdlction of a matter Which is so t oonty business'
s void. however, the eoaty eeaissiaemrs' court is the
active governing body of the county, with a jriadiotion
that touches is some respect almost every feature of the
county's business as the court has full and general
oharge of the busress affairs oft the soonty. The power
of the outt ezxtnds cmly to such business as is entrusted
to it by the constitution or by the lseislsture and the
le~islatue may, if it chooses, coit a matter of county
business to som a&eney other then the commissioners court.
the term 'eounty business' should be given a broad and
liberal construction so as not to defeat the purposes of
the law. And it is held that the eramissiowm:s' *orts
have implied authority to do what may be necessary in the
exercise of thX duties or powers conferred upon thee."
In Sun Vapor electric Light Co. V, Znan, Sup.Ot.
30 3.,'. 868, where creditors wanted the Commissioners' Court to
takes over the administration of the affairs of a dissolved Ceorporu-
tion (eity) and distribute the proceeds received frot the assets
to the orsditors of t e city, It is held that under Article 5, 'ec.
18 Texas Qonstitutlon, the powers which the Legislature way ree
quire than (Cmialselors' court ) to exeroaie are sontine4 by tlis
section to "County business "
In OGlveston County t. ODnsham, 220 8.". 560, Galvese
ton Court of Civil Appeals, it is held
"The construction of a seawall within the limits
of a city for the protection of the lives and property
of the inhabitants of the county is countyy business'
within the jurisdiction of the Commssioners' Court
under Artiole 11, see. 7 and Article 5, yea. 18 of the
Texas Lonstitution."
'harton Ucunty Drainage Dist. v. Higbee, at .1 i49 t.b,
381 at page )8, Court of Givil AppelIs Oalveston, rehearing
denIed
"A d rinage district organised under Aets )Oth Lag, c
40 amended by Acts 31st Leg. o 13 enacted ender express
authority of onstitutiotnl rsaedcent Artiale ), Sec. 52
belongs to elass different fre a e ity or town, an is
a pert of the cunty and bhane such statute by imposing
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-7388, text, September 14, 1946; (https://texashistory.unt.edu/ark:/67531/metapth264665/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.